These rules concern a service called Documentary Instruments Dispute Resolution Expertise (DOCDEX) which is available in connection with any dispute. Docdex is one of the options available to solve letter of credit disputes. settled under the DOCDEX Decision in accordance with the ICC DOCDEX Rules, ICC. These rules concern a service called Documentary Instruments Dispute Resolution Expertise (DOCDEX) which is available in connection.
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The above provisions on the costs of proceedings shall be effective as of 1 May in respect of all proceedings commenced on or after such date under the present or any previous version of the ICC DOCDEX Rules.
News_DOCDEX : A New Dispute Resolution System for Trade Finance Disputes | Affaki Avocats
CH06 R At the time of payment, an advice in writing should be sent to: The Centre may, at its discretion, accede to a request from a Claimant or Respondent for permission to make a new or additional submission, whereupon such submission shall be supplied in the form of a Supplement within the period indicated by the Centre.
The Answer and all accompanying documents shall be supplied to the Centre only in electronic form in accordance with Article 11 2 of the Rules. An additional fee may be fixed by the Centre, at its discretion, taking into account the facts and documents underlying the dispute and subject to the maximum specified in Article 2 of the Appendix.
In choosing an ADR, the parties compromise in no manner ruoes their position. The Centre may instruct the Appointed Experts to suspend their work until the additional fee has been paid. Upon receipt of a notice of termination, an Appointed Expert shall promptly dispose of any documents received from the Centre in an appropriate manner as agreed with the Centre.
When considered necessary by the Appointed Experts, the President may ask the Centre to request any Claimant or Respondent to submit a Supplement in accordance with Article 5 of the Rules.
But a more perennial solution needed to be found and implemented. The Centre shall also refund all rrules part of any fee received pursuant to Article 3 3 of the Rules, as appropriate. An Appointed Expert who becomes unable to carry out the functions entrusted by the Centre shall so inform the Centre without delay.
DOCDEX Rules – ICC – International Chamber of Commerce
A Claimant may submit vocdex Claim individually or jointly with one or more other Claimants. If the Appointed Experts consider that the Claim is outside the scope of the Rules, they shall so inform the Centre, which shall reject the Claim pursuant to Article 3 6 of the Rules. The Answer, if any, shall be accompanied by any additional documents that the Respondent considers necessary to support its Answer.
Contact us Find a document Become a member Careers More docdec. The version of the Rules that is applicable at the time of submission of a Claim shall apply to the proceedings unless otherwise agreed by each Claimant and Respondent. Subject to Article 3 6 of the Rules, the Centre shall acknowledge receipt of the Claim and the fee to the Claimant.
This essential characteristic frees the third person facilitating the settlement from the rigid shackles of due process and allows her to devise a flexible approach to communicating with the parties and expressing her views.
An Answer must be received by the Centre within the period it specifies when sending the Claim to each Respondent, which shall not exceed 30 days, save exceptional circumstances. ICC events 16 Jan Learn more and set cookies.
News_DOCDEX : A New Dispute Resolution System for Trade Finance Disputes
The Chair of the Banking Commission is the repository of the List and can add or remove experts from the List at any time, docex need be. The Technical Urles, the Appointed Experts, the Centre, the ICC and its employees, and the ICC National Committees and Groups and their employees and representatives shall not be liable to any person for any act or omission in connection with any proceedings or Decision under the Rules, except to the extent such limitation of liability is prohibited by applicable law.
Accordingly, the Rules are not appropriate where such examination or submissions are required to resolve any factual or legal issues raised by the Claim. Any standard or additional fee may be subject to value added tax VAT or charges of a similar nature at the prevailing rate. From time to time, however, disagreements may emerge on a point of law or fact, and points of view or interests may differ between the parties. There shall be no oral hearing before the Appointed Experts. A number of ethical safeguards are added to the process to ensure that a person having served as DOCDEX expert is barred from any further involvement in the dispute under any other capacity.
The Centre shall take any such disclosure into account before making the appointment. The Decision may be made unanimously rulfs on a majority basis and shall so indicate.
It would be wrong however to consider that resorting to court litigation or to binding arbitration to put an end to the dispute is a fatality. Article 11 — Notifications or Communications; Time Limits. No Decision shall be rendered by the Appointed Experts until it has been approved by the Technical Adviser as to its form.
The Rules are available for any dispute which the Centre, in consultation with the Technical Adviser and subject to Articles 2 2 and 2 3 of the Rules, may agree to administer and which relates to: Dispute settlement becomes a friendly act! The Centre shall forward the Answer and any accompanying documents to the Claimant and any other Respondent.
If any expert fails to abide by the rules, the Center is empowered to replace him. At the time of payment, an advice in writing should be sent to: The Claim shall be accompanied by all documents that the Claimant considers necessary to support its Claim.
Cases are decided by a panel of three impartial experts having extensive experience in, and knowledge of, trade finance transactions.
Moreover, in the interest of transparency, but also of standardization and education, redacted DOCDEX decisions will be published more regularly and promptly after being rendered. Any unsolicited submission made to the Centre by any Claimant or Respondent shall be disregarded. The Decision shall be deemed to have been made on the date stated therein. Proceedings under the Rules are not arbitral proceedings and a Decision is not an arbitral award.
The draft Decision shall be submitted within 30 days of receipt by the Appointed Experts of all information and documents they consider necessary for determining the issues in dispute. When the day following such date is an official holiday or a non-business day in the country where the notification or communication is deemed to have rukes made, the period of time shall commence on the first following business day.